MAHARASHTRA STATE ELECTRICITY BOARD Vs. RAJESH PRALHAD KHOBRAGADE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. Ms. Ujwala Nandeshwar, learned counsel waives notice on behalf of the respondent.

(2.) By way of present petition, the petitioners challenge the order dated 25th August, 2004 in Regular Civil Suit No. 42 of 2003 thereby rejecting the application of the present petitioners for permission to file written Statement.

(3.) The respondent-plaintiff has filed a suit for declaration and injunction challenging the bill issued by the defendants in the said suit. The petitioners-defendants were under an impression that the written statement was already filed on 29th April, 2003 when the matter was kept for filing of Written statement. It is further submitted that subsequently though the written statement was ready, it was not filed and, therefore, the application for permission to file written statement came to be filed by the petitioners-defendants. The said application came to be rejected vide order dated 25th August, 2004. Being aggrieved thereby, the petitioners have approached before this Court by way of present petition.